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Joseph
Joseph, Lawyer
Category: California Employment Law
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Experience:  Extensive experience representing employees and management
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Can I collect CA unemployment benefits during 7 days waiting

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Can I collect CA unemployment benefits during 7 days waiting period for the CA state disability insurance?

How should I define the first day of my disability when filing for the CA state disability insurance on 8/23:

1) Disability onset on 8/4 as my doctor determined on 8/21
2) Disability onset on 8/12 because I already filed my continuous unemployment claim stating I was able to work through 8/11.

Details:

While claiming CA unemployment benefits I became sick and consulted a doctor on 8/4 who ordered multiple tests which I completed within the next 2 weeks. After evaluating my test results my doctor signed on 8/21 the CA disability claim with onset of my disability retroactively defined as of my first consultation on 8/4. Meanwhile (not knowing the seriousness of my condition as my test results were not available yet) I continued filing my CA unemployment continuous claim stating that I was not sick and able to work up to 8/11 which now turns out not to be quite accurate as I was in fact disabled altho I wanted to believe I was not disabled and able to work.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

Were you in fact well enough between the 4th and the 11th to actively look for and accept employment? Can you tell me why you didn't file for unemployment benefits after the 11th?

Did you feel more sick and unable to work after the 11th or 12th, or did you just not receive the claim form for those weeks till after you received your diagnosis on the 21st, knowing that you were disabled on the 4th?
Customer: replied 3 years ago.

Between 8/4 and 8/11 I was in denial of my health condition and believed and wanted to be able to work, but as my doctor explained to me on 8/21 I was not.


 


I did not claim my unemployment benefits after 8/11 yet because that claim is due on 8/26 ("continuous unemployment claim is to be filed every 2 weeks) and this time for sure I'll state that I was not able to work after 8/11.

Hello Andy,

You cannot collect unemployment benefits while you are claiming to be disabled. And, since your doctor stated that you were disabled on August 4, you should consider that to be when you became disabled, and report that date to the EDD. Otherwise, there could be substantial confusion.

So, in answer to your question, no, you cannot claim unemployment benefits during the waiting period for disability. You can only collect one or the other. Of course, you can explain this situation to EDD during your interview, since you were legitimately in denial about your condition (and also didn't even know it was a disability at the time) so you had a very reasonable belief that you could have accepted full time employment at that time and would have been ready and available to work.

I hope the above information is helpful.

Please let me know if you have any follow up questions.

Thanks and best of luck!
Joseph and 2 other California Employment Law Specialists are ready to help you
Hello Andy,

Please let me know if you have any follow up or clarifying questions regarding the above.

If not, please remember to rate my answer positively so I get credit for my work!

Thanks and best of luck!
Hello Andy,

Thank you for your positive rating of my service,. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should you have future legal questions.

Please request me directly by placing “to Joseph” at the beginning of your question and/or requesting me directly in California Employment Law.

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and best of luck,

Joseph

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